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**wretchedotis** · 10-28-2009, 06:41 PM

My take is that essentially it means that the offer can't be used to bias the record or the judge.

If an offer is made that is so reasonable that the judge can't help favour it and thus hold contempt for the person who did not accept it.

Or conversly, if the offer is so ridiculous so as to colour the judge against the person offering it.

So yes, I would think you cannot mention it on the record (conference brief).

**#1StepMom** · 10-28-2009, 07:38 PM

So, if an offer is made... what do you mention in the conference brief? Can you still request what you want (what you offered) without mentioning that it was offered?

**sufferer** · 10-28-2009, 08:10 PM

Might help

Hi #1stepmom,

My ex send my lawyer an offer letter stating that he will grant me sole custody if and only if I just take 1/4 of the amount from the sale of matrimonial house.It also stated that th offer is WITHOUT PREJUDICE etc etc but My lawyer used that in court.And i think this letter gave Mr Judge an outlook of his character /intentions/love towards the kids.
Also based on our OFFER LETTER which was reasonable he was ordered to pay for my costs too.

I hope it helps.

Also once my lawyer told e that court really likes whe two parties settle outside the court reasonably.If one party is unreasonable and other one is reasonable then generally court do favour the reasonable party

**dinkyface** · 10-28-2009, 08:37 PM

It just means you cannot reveal the content of the offer. You can still discuss all the issues, but not specifically what it was you offered.

**#1StepMom** · 10-28-2009, 08:52 PM

Thanks Dinkyface. That makes sense! All that legal terminology just confuses me sometimes - makes me question what I *think* it means!

Sufferer, I read about the costs if a reasonable offer is declined. Quick question: in your offer letter, did you include a clause about costs being paid to you if your offer is deemed reasonable and was rejected by your ex? I'm not sure whether we should put a clause about costs in the actual offer letter, or leave it out and leave it up to the judge. Any thoughts?

**frustrated11** · 10-28-2009, 09:20 PM

I think leave it up to the judge...but thats my personal opinion...with the luck in family court that you have had...she is just going to bring motions for every little thing after this

**#1StepMom** · 10-29-2009, 08:13 AM

Originally posted by dinkyface

It just means you cannot reveal the content of the offer. You can still discuss all the issues, but not specifically what it was you offered.

So how do you let the judge know that an offer has been served and declined?

**independentgal** · 10-29-2009, 09:22 AM

Unfortunately, Offers to Settle, Partial Offers to Settle, Offer to Settle Costs etc. that are NOT accepted can only be used if you go to trial. Once a final order is made in say child access, if you made an offer to settle child access that remained open to acceptance until the start of the trial that was better than the one that the other party obtained at trial, the judge would say that you are entitled for a portion of the costs for arguing THAT issue up to and including trial. Also, make sure accepting one point doesn't mean accepting other conditions that could negate your offer in the eyes of the judge.

I think lots of Offers to Settle do not follow the proper format for claiming costs at the end of trial because they are time-sensitive. It can help settle an issue or two though, which saves everyone in the long run.

My ex keeps saying to judges in our case that he has brought numerous offers to settle to me, meanwhile one of them was brought into the courthouse less than 10 minutes from the start of the motion. He implies that I am unreasonable. My lawyer and I didn't even have time to read the 15 pages it was. It expired one minute after motions court started. It also involved me paying him 6 figures of money! Seemed preposterous when he owes me a significant equalization payment. So, suffice it to say, I believe that offers to settle should be reasonable and open for acceptance until the start of trial. Usually what you are willing to make an offer to settle on should feel ok and you shouldn't have regrets about it.

You are allowed to say you have made an offer to settle, but judges know how ridiculous they can be so that doesn't really tell them anything so it is best not to even bring it up as it does not help your situation.

I guess if you made an offer to settle transportation that was open for acceptance until the motion/trial was argued(assuming you bring a motion/set date for trial) that was better than the one she obtained, then you would argue that you are entitled to costs for arguing the motion and preparation etc. Being self-represented, those costs are very minimal unless you can prove the amount of money you lost for missing work that day. Photocopies, process server(if used) etc. and your day's wages.

Good luck!

**#1StepMom** · 10-30-2009, 04:36 PM

Going back to Family Law Rules...

CONFIDENTIALITY OF OFFER
(8) The terms of an offer,
(a) shall not be mentioned in any document filed in the continuing record; and
(b) shall not be mentioned to the judge hearing the claim dealt with in the offer, until the judge has dealt with all the issues in dispute except costs. O. Reg. 114/99, r. 18 (8).

CONTINUING RECORD, SETTLEMENT CONFERENCE BRIEFS

(22.2) Settlement conference briefs do not form part of the continuing record and shall be returned at the end of the conference to the parties who filed them or be destroyed by the court staff immediately after the conference. O. Reg. 89/04, S. 8 (5).

Therefore, according to the above... an Offer to Settle that has been made by one party to another with regard to issues to be addressed at a Settlement Conference CAN be mentioned in the Settlement Conference Brief, correct?

Do you think the reasonability of an Offer to Settle be determined and addressed by a judge at the Settlement Conference?

Upon advice received from a trial co-ordinator, we have scheduled a 2nd settlement conference instead of taking the matter to trial. I hope we made the right decision. :-S

Any thoughts?<title> of Justice Act - O. Reg. 114/99</title><link href="http://www.e-laws.gov.on.ca/html/laws.css" type="text/css" rel="stylesheet">

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